R-073-23 Appeal and Modifies the Planning Commission's Decision (File Index DAP 001-668) Approving a Conditional Use Permit to Allow a Building Height of 130 Feet Instead of 50 Feet Maximum for Parcel 1 Building 1

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1 ("Modified Project"); and 2 WHEREAS, on June 20, 2023, and July 18, 2023, the City Council of the City of Colton 3 held a duly noticed public hearing at which time all persons wishing to testify in connection with 4 the application were heard and the application was fully examined; and 5 NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF COLTON: 6 7 SECTION 1. The City Council finds that the Section 15183 Analysis has been completed in compliance with CEQA, the CEQA Guidelines, and that the Section 15183 Analysis and 8 supporting materials,taken together, reflect the Council's independent judgment. 9 SECTION 2. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. As a decision-making body for the appeal, the City Council has reviewed and 10 considered the information contained in the Section 15183 Analysis, comments received,and other 11 documents contained in the administrative record for the Modified Project. Based on the Council's independent review and analysis it finds that the Section 15183 Analysis and administrative record 12 contain a complete and accurate reporting of the environmental impacts associated with the Modified Project, and that the Section 15183 Analysis has been completed in compliance with 13 CEQA and the State CEQA Guidelines. 14 SECTION 3. FINDINGS ON ENVIRONMENTAL IMPACTS. Based on the whole record before it, including the Section 15183 Analysis, the administrative record, and all other 15 written and oral evidence, the City Council finds that all environmental impacts of the Modified 16 Project (DAP-001-668) are either less than significant or can be mitigated to a level of less than significant under the mitigation measures outlined in the Section 15183 Analysis, alternatively, 17 there is no substantial evidence in the administrative record supporting a fair argument that the modified project may result in any significant environmental impacts. The City Council finds that 18 the Section 15183 Analysis contains a complete, objective, and accurate reporting of the 19 environmental impacts associated with the Modified Project and reflects the independent and analysis of the City Council. 20 SECTION 4. ADOPTION OF THE SECTION 15183 ANALYSIS. The City Council 21 hereby approves and adopts the Section 15183 Analysis as it pertains to the Modified Project. 22 SECTION 5. ADOPTION OF THE MITIGATION MONITORING AND REPORTING PROGRAM. In accordance with Public Resources Code section 21081.6,the City 23 Council hereby adopts the MMRP previously adopted for the General Plan EIR as it pertains to the 24 Modified Project. In the event of any inconsistencies between the Mitigation Measures as set forth in the Section 15183 Analysis and the MMRP, the MMRP shall control. 25 SECTION 6. Based on the entire record before the City Council and all written and oral 26 evidence presented, including the staff report, the City Council makes the following findings in accordance with the Colton Municipal Code for Conditional Use Permit to allow the warehouse 27 building to exceed the established maximum 50-foot height limit for a total height of 130 feet: 28